Beachy v Barclaycard/Mercers take 2

[noomill060]

I also went to FOS. After 14 months I lost patience with the delay and took action against Sharkleys myself.

 

Claim served on them end of December, Sharkleys waved the white flag end of January.

 

There is NOTHING to stop you taking action against Sharkleys yourself.

 

Nothing and no one can prevent you from using the legal system.

 

Even if you disagree with a FOS decision you STILL have the right to bring your claim against a bank.

 

FOS is good as far as it goes, but it wasnt set up to deal with mass complaints and is unable to handle the amount of complaints it has recieved. PPI complaints are now taking nearly two years to get in front of an adjudicator.

 

They clearly, vastly underestimated the amount of, well- lets just say " legally questionable actions" committed by the finance industry and the number of people prepared to complain.

Edited August 10, 2009 by noomill060

[noomill060]

As you have an admission of missellingfrom sharkleys, you will have no trouble extracting contactual interest on premiums from them and the same in court interest. Tell them to take their 8% and invest it where the Sun dont shine.

 

Court action against them now.

 

1) LBA

 

2) Small Claim

 

3) sorted

 

[beachcomber60]

As you have an admission of missellingfrom sharkleys, you will have no trouble extracting contactual interest on premiums from them and the same in court interest. Tell them to take their 8% and invest it where the Sun dont shine.

 

Court action against them now.

 

1) LBA

 

2) Small Claim

 

3) sorted

 

 

WOW

 

Well done you - have you a thread on this?

 

Ive posted a get lost letter to them, FOS has had my complaint for about a month or more, not acknowledged yet.

 

Although my claim is for £6k+ (thats at compound plus 8%) if I could get my hands on the the 3years statements that they cant/wont provide, I'd be looking at double the claim amount.

 

Beachy

[noomill060]

If they refuse to supply personal data after a SAR- just ask a court to bluddy well order them to!!

[noomill060]

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/168312-morgan-stanley-cca-received.html

[beachcomber60]

I use that interest calculator myself. Turned £85 of PPI premiums into a claim for £1748 which they gladly paid out. It took a small claim though.

 

Hers how you do it-

 

Premiums- enter each individual premium then the date that the contractual rate- I used their cash rate of 26.8%

 

12 "rests" per year from the drop down box and click "360 day year"

 

Add up the totals.

 

This gives you the amount theyve scammed out of you and the amount of money you want back.

 

(With me so far?)

 

OK, when they make some insulting offer, such as the one you have had, you then need to start a small claim.

 

When any claim gets into the legal system it means that you may then ask the court to award judicial interest on top of the amount of your claim.

 

If the contract doesnt specify an interest rate you may claim 8%

 

BUT if the contact does specify an interest rate, you may then claim THAT rate in judicial interest. Got that?

 

Yeah - you can claim another 26.8% ON TOP!!!!

 

This figure is your total (ie premium + interest) minus the premiums.

 

Never fails.

 

Like I said at the start, this turned £85 of PPI premiums into £1748.

 

Premiums charged from Jan 2000 to June 2002 and claimed back at 26.8% plus judicial interest at 26.8%.

 

 

This was settled long before the hearing date- so Barclaycard were very, very keen to settle.

 

 

Thanks for the info, the only T&C's barclayshark have provided (as well as to many other caggers) is current T&C's which state Standard Rate 24.9 % APR & 'Cash Rate' 27.9% APR.

 

FOS have just acknowledged my complaint and stated that its going to be a long time before they can look at it as they are 'overwhelmed' with enquiries.

 

So Iam more interested in barclayshark writing the debt off, if I went the court route then taking into consideration ppi from 1998 to 2002 (missing statements) and the statements that I do have up to 2005 plus their admission (have I got 'em by the short & curlies?) that they want to put the account back to where it would have been had ppi not been applied then they would owe me loads, but I'd be happy for them just to write the card off(& remove any markers from my credit file).

 

(Calders have gone very quiet since barclayshark ppi letter arrived)

[beachcomber60]

BL**dy Hell !

 

Quickest response EVER from Barclaycard. (3 day response).

 

'Whist I am sorry that you remain dissatisfied, we have nothing further to say'.

 

BO**OCKS! If its their policy to return the account to its financial position if PPI wasnt added then, in my books, that means they refund ALL ppi premiums & interest at the compounded APR ! !

 

Thats my rant over for the day

[noomill060]

"'Whist I am sorry that you remain dissatisfied, we have nothing further to say'."

 

In other words, you will need to start legal action if you want any more.

[beachcomber60]

"'Whist I am sorry that you remain dissatisfied, we have nothing further to say'."

 

In other words, you will need to start legal action if you want any more.

 

 

Not sure on the best way of dealing with this one - apart from I want my money back !!!!!

 

As a claim through the courts would be over £5k I understand that I couldnt do it myself and would need a Solicitor and if it went wrong the costs would be very high.

 

Option 1 - Take court action on the statements I do have (ppi just under £5k without statutory interest.

 

Option 2 - issue a claim for them to provide the missing statements and then go for the second part of the ppi once premiums & interest has been worked out.

 

Option 3 ask them to zero the card balance & remove markers from my credit file - cant/wont provide cca (messed around with regard to this as are many other caggers).

[noomill060]

If the PPI without stat interset is below £5000 you can do it in Small Claims.

 

Stat interest is not taken into consideration, only the actual claim amount because stat interest is at the descretion of the Court.

[beachcomber60]

Thanks for that, FOS acknowledgement this morning but at least two months before I get to an adjudicator because of their backlog.

[noomill060]

Two months?

 

Two years would be closer to the truth.

[charley24]

Hi BEachy, I actually have 2 one with halifax, one with barclaycard, I think I got confused as you asked if anyone had success with Halifax !

 

Barclaycard took £1300 of PPI of the balance and £247 charges off also. I still have a balance of about 2k.

 

Halifax sold the debt to CL Finance - the PPI amounts to about £1300 also, they took the Charges of £355 off the balance, but I am still argusing about them taking off the £1300 off the balance as they sold the debt on.

 

Forgive me if I get confused, I have so many ongoing claims I am confusing myself !

 

Been with CCCS over 3 years and no problems, have no issues with BCard coming off balance, but Halifax SOLD the debt, they still state that they have every right to give it to the DCA !

[noomill060]

Did that £1300 include interest ON the PPI premiums, or is it just the total of all the PPI premiums themselves?

 

It it a loan or a credit card?

[beachcomber60]

Naughty naughty Calders - talking to my True Call - another number ZAPPED

 

And dear Calders if your reading this, Barclaycard have CONFIRMED that they have mis sold ppi SO:-

 

THEY owe ME far more then I owe THEM - now a catchphrase from Father Ted

 

FECK OFF !

[Spamalot]

Naughty naughty Calders - talking to my True Call - another number ZAPPED

 

And dear Calders if your reading this, Barclaycard have CONFIRMED that they have mis sold ppi SO:-

 

THEY owe ME far more then I owe THEM - now a catchphrase from Father Ted

 

FECK OFF !

 

 

You tell 'em Beachy..

[beachcomber60]

:D

 

I do love it when the tables turn

 

Now which threat-o-gram shall I send THEM

[meerkatsmimm]

Well done Beachy! - how did you manage to get them to confirm that?

[beachcomber60]

Well done Beachy! - how did you manage to get them to confirm that?

 

Hi ya MK,

 

Where you been hiding then

 

It took 16 weeks and the threat of reporting them to the FOS, just after I filed my complaint Barclaycard wrote to me and informed me that after 'extensive investigations' procedures weren't correctly carried out when the local BM got me to take out a Barclaycard,

 

The battle isn't over by a long way, in their letter they state that its their policy to put the account to where it would be if PPI had not been applied, now to me and everyone else that would mean a complete refund of ppi premiums + compound interest that they applied to those premiums.

 

inspite of Barclaycard admitting that they were wrong & indeed it was mis sold, they have only offered to refund the premiums paid 2002 to 2005 (when I finally got them to cancel it) without compound interest.

 

In their own words 'our policy is to return the account to where it would be if ppi had not been applied' means that ALL premiums should be refunded together with the associated interest that they've added to the account '98 to 2005.

 

I've rejected their offer, outlining that they should honour what they state in their letter, but hey - this is Barclayshark, the reply I got was that the offer is what it is and they have nothing further to say on the matter, so it looks like court action.

 

If I manage to get it all back, and I see no reason why not (their letter is safely locked away), it'll not only clear the account but there'll be enough left over to take the OH on a carribean cruise

 

Beachy

[sunflower99]

Great news Beachy! Go and get em!

[beachcomber60]

Great news Beachy! Go and get em!

 

 

Thanks Sunflower,

 

Not quite there yet, but cant see how they can get out of not paying up, shot themselves in the foot me thinks

 

Beachy

 

Hello Barclaycard

 

Hello Beachy here, I need to take you thro' security

 

Barclaycard: Why

 

Beachy: Well I ve been riped off between 1998 & 2005 and I want payment in full, or I WILL take court action

[Bradley68]

Beachcomber

 

we are in the same position as you but with Bank of Scotland preference account. We are about to do a letter before action as we have written to them a couple of weeks ago after they admitted miselling PPI but they calculated it wrong as they didn't include the loan part of the agreement, just the credit card part or contractual intrest.

 

think LBA is best way forward and going to court as FOS is taking up to two years so we have been told. We have another one with FOS from Creational Financial and that has been with them since April and still with

an adjuticator.

good luck

[sunflower99]

Thanks Sunflower,

 

Not quite there yet, but cant see how they can get out of not paying up, shot themselves in the foot me thinks

 

Beachy

 

Hello Barclaycard

 

Hello Beachy here, I need to take you thro' security

 

Barclaycard: Why

 

Beachy: Well I ve been riped off between 1998 & 2005 and I want payment in full, or I WILL take court action

LOL!:D:D

[beachcomber60]

Beachcomber

 

we are in the same position as you but with Bank of Scotland preference account. We are about to do a letter before action as we have written to them a couple of weeks ago after they admitted miselling PPI but they calculated it wrong as they didn't include the loan part of the agreement, just the credit card part or contractual intrest.

 

think LBA is best way forward and going to court as FOS is taking up to two years so we have been told. We have another one with FOS from Creational Financial and that has been with them since April and still with

an adjuticator.

good luck

 

thanks for the support, LBA going off tomorrow

[meerkatsmimm]

Hey Beachy,

 

Oh this is such a great story!

 

A bit like GE Money with my mum, getting them to admit they are in the wrong is the hardest point - court here we come!

 

When you get every penny, you should have that holiday with your OH, you deserve it.

 

Ive been about - but alot going on personally with mum, so struggling to get to deal with our own stuff. Nightmare.

 

Take care,

 

Meerkat x.